At Kashou Law, APC, we recognize the pain and challenges that come with losing a loved one. While we understand that nothing can bring your loved one back, a wrongful death claim can provide financial support to help you handle the costs associated with the loss of your loved one.
Based in San Diego, our firm is committed to offering compassionate, personalized legal representation to families dealing with wrongful death claims. Justin S. Kashou, our founder and managing partner, brings extensive experience and a unique perspective to each case. Our San Diego personal injury attorney is dedicated to providing you with attention and unwavering support throughout this difficult period. With our focus on transparency, innovative legal strategies, and understanding of the insurance industry, we strive to secure the justice and compensation your family deserves. Trust Kashou Law to handle your wrongful death case with the utmost care and dedication, offering the guidance and advocacy you need to pursue justice and find closure.
What is a San Diego Wrongful Death Claim?
A San Diego wrongful death claim is a legal action brought by the surviving family members of a loved one who tragically dies due to the negligence of another. California provides for a wrongful death action so the surviving family members can receive compensation to continue to financially support themselves with their lost loved one.
Not all deaths constitute a wrongful death claim. To qualify for a wrongful death claim, the death must have been caused by the negligent, reckless, or intentional actions of another party. Certain cases have provided precedent on what is considered a wrongful death claim and what is excluded. Corder v. Corder, 41 Cal.4th 644 (2007) provides a specific definition:
“A wrongful death action is a statutory claim providing compensation to the heirs of a person who has died as a result of the wrongful conduct of another. The action seeks to compensate the heirs for their own losses resulting from the decedent’s death, including loss of financial support, services, companionship, and protection.”
Generally, some exclusions for a San Diego wrongful death claim under past precedent include the following:
- Natural Causes: Deaths that occur due to natural causes, such as illness or old age, where no negligent or wrongful act by another party is involved.
- Unavoidable Accidents: Deaths that result from unavoidable accidents, where no party can be held responsible for negligence or misconduct.
- Self-Inflicted Harm: Deaths that are the result of self-inflicted harm, such as suicide, generally do not qualify for wrongful death claims unless it can be shown that another party’s negligence or wrongful actions significantly contributed.
Who Can File a Wrongful Death Claim?
The law provides that certain individuals are entitled to file a wrongful death claim if they have lost a loved one due to someone else’s negligence or wrongful act. California Code of Civil Procedure §377.60 lists the following:
“§377.60. A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedent’s personal representative on their behalf: (a) The decedent’s surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession. If the parents of the decedent would be entitled to bring an action under this subdivision, and the parents are deceased, then the legal guardians of the decedent, if any, may bring an action under this subdivision as if they were the decedent’s parents. (b) (1) Whether or not qualified under subdivision (a), if they were dependent on the decedent, the putative spouse, children of the putative spouse, stepchildren, parents, or the legal guardians of the decedent if the parents are deceased. (2) As used in this subdivision, “putative spouse” means the surviving spouse of a void or voidable marriage who is found by the court to have believed in good faith that the marriage to the decedent was valid. (c) A minor, whether or not qualified under subdivision (a) or (b), if, at the time of the decedent’s death, the minor resided for the previous 180 days in the decedent’s household and was dependent on the decedent for one-half or more of the minor’s support.”
What this means is that the following categories are eligible to file a wrongful death claim:
- Surviving Spouse or Domestic Partner: The deceased person’s surviving spouse or registered domestic partner has the primary right to file a wrongful death claim. This includes legally married spouses and domestic partners registered under California state law.
- Surviving Children: The deceased person’s surviving children are also entitled to file a wrongful death claim. This includes biological children, adopted children, and, in some cases, stepchildren or other minors who were financially dependent on the deceased.
- Intestate Successors: If there is no surviving spouse, domestic partner, or children, the right to file a wrongful death claim extends to those who would be entitled to the deceased’s property under California’s intestate succession laws. This typically includes parents of the deceased, siblings of the deceased, and other relatives who were financially dependent on the deceased (such as grandparents or grandchildren)
In some cases, other individuals who can prove they were financially dependent on the deceased, such as putative spouses (a person who has a good faith belief that they were married to the deceased), stepchildren, or parents, may also have the right to file a claim.
Statute of Limitations in a San Diego Wrongful Death Claim
The statute of limitations is the time period in which a legal claim must be brought forward to preserve a victim’s rights. California Code of Civil Procedure § 335 lists the statute of limitations for a wrongful death claim:
“§335. The periods prescribed for the commencement of actions other than for the recovery of real property, are as follows: Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”
What this means is that generally, an individual has two years from the date of the deceased person’s death to pursue legal action. If you fail to file your wrongful death claim within two years, you may lose the right to seek compensation permanently.
In some cases, if the cause of death was not immediately apparent and could not have been discovered through reasonable diligence, the statute of limitations may be extended. The clock starts when the cause of death is discovered or reasonably should have been discovered.
Valuing Damages in a San Diego Wrongful Death Claim
Valuing damages in a San Diego wrongful death claim includes determining the economic and non-economic injuries that resulted due to the San Diego wrongful death claim. Economic damages include loss of financial support (future income and benefits the deceased would have provided to their family, such as wages), medical expenses (costs incurred for medical treatment related to the deceased’s injuries), funeral and burial costs, and loss of benefits (value of lost benefits such as health insurance, retirement plans, etc.). Examples of non-economic damages include loss of companionship and consortium (compensation for the loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support) and emotional distress (mental anguish and emotional pain suffered by the surviving family)
There are various factors that go into determining what value a court will place on a wrongful death. These include factors such as
- Life Expectancy: The life expectancy of the deceased at the time of death and the life expectancy of the surviving beneficiaries.
- Earning Capacity: The deceased’s earning capacity, including potential future raises, promotions, work history, and career trajectory.
- Age and Health: The age and health of the deceased at the time of death.
- Relationship to the Deceased: The nature and quality of the relationship between the deceased and the surviving family members
One important factor to help increase compensation in a San Diego wrongful death is vicarious liability. Vicarious liability is defined under California Civil Code §2338:
“Unless required by or under the authority of law to employ that particular agent, a principal is responsible to third persons for the negligence of his agent in the transaction of the business of the agency, including wrongful acts committed by such agent in and as a part of the transaction of such business, and for his willful omission to fulfill the obligations of the principal.”
This is particularly relevant in San Diego wrongful death claims because common scenarios such as workplace accidents, commercial truck accidents, medical malpractice, etc. typically occur while the negligent party is working for an employer. To establish vicarious liability, the victim must prove that the employee’s actions were performed as part of their job duties or for the benefit of the employer.
What this translates into is that if the victim can show that the negligent party was on the job when the accident occurred, the victim can then sue the employer. This can greatly increase the potential liability as well as damages given that a company is much more financially solvent in general than a private individual.
How Kashou Law, APC Will Help after the Loss of Your Loved One
When facing the immense grief and challenges of losing a loved one, choosing the right legal team can make all the difference.
Justin S. Kashou, our founder and managing partner, is committed to providing personalized attention to each client. Unlike larger firms where cases are often handed off to junior associates, Justin personally oversees every case. His background as a former insurance defense attorney gives him an insider’s understanding of the tactics insurance companies might try to utilize in a wrongful death claim. Our firm prides ourselves on being approachable and friendly, creating a welcoming environment for all our clients.
Gathering evidence is important in presenting a strong claim. An effective San Diego accident lawyer will gather all relevant evidence meticulously. This includes collecting medical records, accident reports, witness statements, and expert testimonies. With strong evidence to back your claims, Justin will negotiate assertively on your behalf to make you receive a fair settlement that truly reflects the extent of your loss. His extensive litigation experience ensures that your case is presented compellingly if needed to go to trial. By choosing Kashou Law, you can rest assured knowing that you have the right legal team experienced in managing the legal complexities of your case.
Contact Our San Diego Wrongful Death Attorney Today
Losing a loved one due to someone else’s negligence is an overwhelming and painful experience. At Kashou Law, APC, we are committed to providing the compassionate support and dedicated legal representation you need during this difficult time. Justin S. Kashou brings extensive experience and a client-centered approach to each wrongful death case.
Our team understands the complexities of wrongful death claims and is here to guide you through every step of the legal process. From evidence gathering to skilled negotiation, Justin S. Kashou and the rest of our San Diego truck accident lawyers will work tirelessly to secure the justice and compensation your family deserves. With a commitment to transparency, we strive to alleviate the burden on your shoulders.
Don’t face this challenging time alone. Contact Kashou Law today for a free consultation. We are ready to listen and answer your questions. Call us at (619) 963-2030. Let us help you take the first step towards achieving closure and holding those responsible accountable.